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· 10/7/1997

William Fazio v. City and County of San Francisco Arlo Smith

Citations

  • 125 F.3d 1328
  • 97 Cal. Daily Op. Serv. 7865
  • 97 Daily Journal DAR 12677
  • 13 I.E.R. Cas. (BNA) 603
  • 1997 U.S. App. LEXIS 27289
  • 1997 WL 612904

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that Pickering balancing is not reached if the Branti exception applies
  • stating that the relevant inquiry is whether “political considerations are appropriate requirements for the effective performance of the job”
  • assistant district attorney handled high profile cases and was often quoted by media on matters of public interest
  • “[T]he term policymaker as used in this context does not mean ‘one who makes policy.’ Rather, the term refers to a position in which political considerations are ‘appropriate requirements] for the effective performance of the public office involved.’ ”
  • “[T]he term policymaker as used in this context does not mean ‘one who makes policy.’ Rather, the term refers to a position in which political considerations are ‘appropriate requirement[s] for the effective performance of the public office involved.’ ”
  • “We hold that Assistant [District Attorney] Fazio was a policymaker. While his powers under the San Francisco Charter are identical to those of a rank and file ADA, they are also nearly identical to those of the actual DA.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Aldisert, Choy, Thompson

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.